Alex Ross
El Rito Media/aross@elritomedia.com
Public safety and crime are expected to be central issues on the governor’s agenda in the 30-day legislative session that begins Tuesday, Jan. 20.
Legislators during 30-day sessions are only permitted to take up proposals related to the budget or issues that receive support from Gov. Michelle Lujan Grisham, a Democrat.
A list of agenda items Lujan Grisham is directing the Legislature to consider had not been released as of Monday night, but the session could represent the term-limited governor’s last chance to advance the issue of public safety, an area where she has often clashed with her party which holds a 44-26 majority in the New Mexico House and a 26-16 majority in the New Mexico Senate.
During the period to pre-file legislation, which ended Friday, several measures have already been introduced, ranging from enhanced penalties to the creation of new offenses, revising existing laws and one proposed amendment to the New Mexico Constitution.
Lawmakers will have until Feb. 4 to introduce legislation. Below are some of the public safety measures that have already been put forth.
New Mexico House of Representatives
Increase maximum sentence for second-degree murder: House Bill 59 seeks to increase the maximum sentence for second-degree murder from 18 to 25 years in prison. The bill is sponsored by state Rep. Andrea Reeb (R-64) of Clovis.
Rebuttable presumption constitutional amendment: House Joint Resolution 2 would revise the state’s system of pretrial detention. Reeb and state Rep. Nicole Chavez (R-31) of Albuquerque are sponsoring the resolution.
Article II, Section 13 of the New Mexico Constitution limits denial of bail to instances where, following a hearing, a court finds that prosecutors prove “by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.”
HJR 2 would allow a court to presume that when a person is charged with a violent felony offense, “release conditions will not reasonably protect the safety of any other person, or the community,” and therefore can deny that defendant bail unless, by a preponderance of evidence, that presumption is rebutted.
The amendment also clarifies that a person cannot be denied bail solely because of their inability to post a cash bond or provide a property bond.
Lujan Grisham has repeatedly, though unsuccessfully, urged lawmakers to advance such changes, but proposals to do so have been blocked by the Legislature.
Aggravated battery upon a law enforcement officer: House Bill 61 would raise the penalty for aggravated battery of a peace officer in a manner that results in great bodily harm or death from a third-degree felony to a second-degree felony.
As a third-degree felony, the offense carries a prison term of up to three years and a possible $5,000 fine. The sentence under House Bill 61 would be raised to nine years in prison, and the fine would double to $10,000.
Reeb, who is sponsoring HB 61, has introduced the proposal in each regular session since 2023. Last year, the bill, House Bill 103, cleared the New Mexico House on a 66-to-1 vote but was not taken up in the Senate or any Senate committees.
Telephone crimes – House Bill 58, sponsored by Reeb, would extend the law that makes use of a telephone to terrify, intimidate, threaten, harass, annoy or offend a misdemeanor to other means of electronic media. The law would be extended to include cellular phones, as well as emails, social media, instant messages and text messages.
A companion bill has been introduced in the Senate by Sen. Crystal Brantley (R-35) of Elephant Butte.
Limits on deferred or suspended sentences: House Bill 73 would require courts to suspend or defer no more than two-thirds of the basic sentence for a conviction on a second or third-degree felony if that person has any prior felony convictions. The bill is sponsored by Reeb.
Felon in possession of a firearm sentencing increases: House Bill 49 would provide judges with the ability to apply increased sentences to individuals convicted of receipt, transportation, or possession of a firearm or destructive device by a felon.
Under current New Mexico law, the offense is a third-degree felony and carries a basic sentence of five years in prison. HB 49 would make a first offense of felon in possession of a firearm a second-degree felony. In New Mexico, second-degree felonies carry a basic sentence of nine years in prison but reach as high as 15 years when involving certain sexual offenses against children or 18 years for second-degree murder.
HB 49 would also allow a court to sentence individuals convicted on a second or subsequent offense of felon in possession of a firearm to be sentenced as a first-degree felon, which carries an 18-year prison sentence.
State Rep. Joy Garratt (D-29) of Albuquerque is sponsoring the bill.
Ticket scalping: House Bill 39 would make ticket scalping a misdemeanor punishable by a fine of $500 and a prison sentence of “less than one year,” according to the bill.
The proposal defines ticket scalping as “selling, offering for sale or attempting to sell” a ticket or admission to a college athletic event or events hosted by the state, political subdivisions of a state or a nonprofit corporation at a price more than what is offered at the event or printed on the ticket.
State Rep. Kathleen Cates (D-44) of Albuquerque is sponsoring the bill.
New Mexico Senate
Eliminating statute of limitations for certain sex crimes: The proposal eliminates the statute of limitations for second-, third- or fourth-degree felony counts of criminal sexual penetration and criminal sexual contact of a minor.
Elimination would also apply in cases of attempted and conspiracy to commit criminal sexual penetration and criminal sexual contact of a minor, as well as cases of criminal solicitation involving those offenses.
Sens. Angel Charley (D-30) of Acoma, Jeff Steinborn (D-36) of Las Cruces and George Munoz (D-4) of Gallup are sponsoring the bill.
Human trafficking: The proposal would make changes to state laws on human trafficking. The changes would include raising the maximum age of the victim from 16 to 18, at which an adult can face enhanced penalties for human trafficking of a child when it involves knowingly profiting from a prohibited sexual act or hiring or offering to hire a child under age 18 for such a purpose.
Other elements of the proposal would eliminate the ability for those charged with human trafficking to be eligible for time off for good behavior, known under New Mexico law as meritorious deductions.